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(영문) 창원지방법원 2020.08.27 2019가합56831
청구이의
Text

1. The defendant's KRW 7,417,060 for the plaintiff and its 5% per annum from May 16, 2020 to August 27, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff was a cooperative established for the purpose of implementing a housing reconstruction improvement project (hereinafter “instant rearrangement project”) on the window C of Chang-si, Chang-si, with the authorization for the establishment of the original market on September 21, 2015, and obtained authorization for the establishment of the association on May 15, 2017.

B. Since then, the Plaintiff’s period of application for parcelling-out from June 2, 2017 to the same year.

7.3. A public announcement of application for parcelling-out was made for parcelling-out (32 days) and on July 4, 2017, the period of completion of the application for parcelling-out was extended by July 13, 2017.

C. The Defendant is the owner of each real estate indicated in the attached list within the instant rearrangement project zone (hereinafter “instant real estate”), and did not apply for parcelling-out to the Plaintiff by the end of the application for parcelling-out.

Accordingly, on September 6, 2017, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer of the instant real estate with the Changwon District Court 2017Gahap54213, and on July 11, 2019, the said court rendered a judgment on the following: “The Plaintiff and the Defendant are deemed to have concluded a sales contract for the instant real estate on July 14, 2017, which is the date following the end of the period for the application for the registration of ownership transfer, as the Plaintiff exercised the right to sell by filing a lawsuit against the Defendant,” and “the Defendant shall be deemed to have concluded a sales contract for the instant real estate on July 14, 2017, which is the date following the end of the period for the application for the registration of ownership transfer.” At the same time, the Defendant received from the Plaintiff for the payment of KRW 448,79,980, and at the same time, at the same time, revoked the registration of ownership transfer for the instant real estate.” The judgment became final and conclusive around that time.

E. After leaving the instant real estate, the Defendant kept documents, such as a certificate of personal seal impression, power of attorney, etc. necessary for the registration of transfer of ownership, in the certified judicial scrivener office located in Kimhae-si, and on August 22, 2019, the Defendant is obligated to register ownership transfer to the Plaintiff.

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